Loren Herzog, One of the 'Speed Freak' Serial Killers, Will Soon Be Released From Prison

By Pete KotzThursday, Sep. 16 2010 @ 10:54AM

SUSANVILLE, CA- State officials confirmed convicted killer Loren Herzog was released from custody Saturday onto property owned by the State of California in Susanville.

Luis Patino, spokesman with the California Department of Corrections and Rehabilitation, said Herzog was released sometime before noon Saturday.

Herzog was convicted, along with childhood friend Wesley Shermantine, of taking part in three murders during the 1980s and 90s, including that of San Joaquin County residents Cyndi Vanderheiden and Chevy Wheeler. He was sentenced to 78 years in prison.

But six years ago an appeals court ruled that Herzog's confession was coerced and a plea bargain reduced his sentence to 14 years. With credit for good behavior, Herzog is now ready for parole.

"Our justice system just didn't do its job," said John Vanderheiden, Cyndi's father.

John said if the appeals judge would have looked at videotape of the Herzog interview, he wouldn't have changed the sentence.

Lassen County and the city of Susanville are asking the Lassen County Superior Court to ensure the parole of serial killer Loren Herzog is in accordance with state law and parole procedures and practices.

Traci Witry, Lassen County senior deputy county counsel, and Peter Talia, attorney for the city of Susanville, filed a writ of mandamus Tuesday, Sept. 28 alleging the California Department of Corrections and Rehabilitation and the California Department of Parole “abused their discretion” by paroling Herzog in Lassen County “with no prior input from petitioners and without sufficient investigation of the facts and services available."

According to the writ, the decision by the state agencies is “arbitrary or capricious, completely lacking in evidentiary support” and CDCR and parole department “failed to follow the proper procedures.”

Luis Patino, a spokesperson for CDCR, said the state agency has not yet been served with the writ, and CDCR cannot comment on it until its legal department has had an opportunity to review the court documents.

Herzog currently resides in a small fifth-wheel trailer located in a small compound on state property outside the fences at High Desert State Prison in Susanville, and he is scheduled to serve three years on parole.

The writ asks the court to immediately transfer Herzog’s parole out of Lassen County, reimburse the city and the county for the costs of the legal action and order any other relief the court considers just and proper.

According to the writ, the decision to parole Herzog in Lassen County does not meet the elements contained in the California Penal Code.

According to Penal Code section 3003, inmates are to be paroled in the county of their last legal residence prior to incarceration. Inmates may be paroled in another county if such a decision is “in the best interests of the public.”